МЕТОДИКА І ТАКТИКА АДВОКАТСЬКОЇ ДІЯЛЬНОСТІ У ВИКОНАВЧОМУ ПРОВАДЖЕННІ.

The methodology of the attorney’s-at-law activities in enforcement proceedings is defined as a set of active and proactive actions of the attorney-at-law representing a party aimed at achieving the overall goal set by his or her client in the enforcement proceedings. The tactics of the attorney’s-at-law activities in enforcement proceedings are defined as a set of tools aimed at achieving intermediate objectives by the attorney-at-law during a separate enforcement action or at a separate stage of enforcement proceedings. The preventive methodology and tactics of an attorney’s-at-law activities are based on the ability of the lawyer to convince the client that voluntary execution of the court decision is more cost-effective and reasonable than the initiation of enforcement proceedings against him or her by the creditor. Such tools can be applied only to the initiation of enforcement proceedings by a public or private enforcement officer and are most effective in terms of saving the client’s time, financial and personal resources. The methodology and tactics of an attorney’s-at-law activities in enforcement proceedings may consist in taking an active or passive position as a representative of a party to the enforcement proceedings, may be aimed at reaching an amicable agreement with the other party or at evading the obligation to execute a court or other authority’s decision. The last of the above positions of the attorney-at-law-representative is destructive and is being a form of abuse of procedural rights demonstrated by the attorney-at-law-representative or his/her client (typically by a debtor). There some peculiarities of the methodology and tactics of attorney’s-at-law activities in enforcement proceedings, in particular the tools and methods used by the attorney-at-law-representative, must be: (a) conditioned by the general tasks of civil proceedings at the stage of enforcement of a court or other body’s decision; (b) bona fide, take into account the legitimate interests of the client and must not harm other parties to enforcement proceedings and/or third parties; (c) complied with applicable law and must not contain signs of offenses, in particular, in the form of abuse of procedural rights. [ABSTRACT FROM AUTHOR]